Rochester police command staff pay dispute still not resolved

Friday

Feb 15, 2013 at 3:15 AM

By Liz Markhlevskayalmark@fosters.com

ROCHESTER — The command staff at the Police Department have not yet received their merit-based raises, due to a dispute between the City Council and the Police Commission over how much to budget toward these raises.

City officials are now in the midst of a wage claim with the N.H. Department of Labor over the issue. The claim was filed by command staff members against the city.

During the budget discussions last spring, the council allotted about $12,000 toward wage increases for about eight members of non-union police staff. That figure would be enough to administer an average of 2.5 percent in wage increases for those staff.

On the other hand, the Police Commission, which, according to the City Charter, is responsible for setting wages for police staff, awarded wage increases averaging 3.25 percent, which would cost approximately $18,000.

On Dec. 4, the council voted not to increase its budget appropriation of $12,000 toward wage increases for command staff, meaning those staff could only get an average increase of 2.5 percent, contrary to the amount set by the Police Commission.

So far, no raises to the command staff, in any amount, have been awarded this year.

City Manager Daniel Fitzpatrick said if he receives a personnel action form from the police chief’s office, asking to administer the raises in the amount appropriated in the budget by the council, he would process those wage increases.

But Police Chief Michael Allen said the council’s appropriation does not match the amount awarded by the Police Commission, which has the authority to set police wages, not the council.

Members of the City Council previously told Foster’s that while the Police Commission’s duty is to do performance evaluations for police and to set the wages, they can only do so with the funds appropriated by the council.

Still, Fitzpatrick said “I think it’s working itself out.”

Mayor T.J. Jean said that at next week’s meeting the City Council will consider a resolution that he expects will resolve the issue. The resolution will involve adding a provision to the Memorandum of Understanding (MOU) between the council and the Police Commission. According to Police Commission Chairman James McManus, this addendum would state that the Police Commission has to budget for the police wage increases during the time when the city budget is being developed for a subsequent fiscal year.

Jean said that during the previous budget talks, the Police Commission awarded $18,000 toward raises after the city’s budget process has already been complete.

Jean said he expects that if both the council and the Police Commission approve the addition to the MOU, the command staff will likely see the wage increases awarded by the Police Commission.

When asked why the command staff raises, as proposed by the commission, are contingent on the MOU change, Jean said much of that issue is still nonpublic information.

He said he expects the information will be public, and certain minutes from nonpublic meetings will be unsealed, once the issue is resolved.

“There’s really nothing to hide here,” said Jean.

Allen said his hope is to have the issue resolved soon. He confirmed this week that he, as well as other command staff members, have made claims to the N.H. Department of Labor over the issue.

He said a hearing on the wage claims has not yet been held, and he hopes to have the dispute settled before a hearing is required.

The Police Commission’s awarding of raises averaging 3.25 percent, said Allen, was done in accordance to the City Charter and the city’s merit plan. Allen also said the council’s appropriation for the police command staff raises was not based on performance evaluations.

“The (Police) Commission simply evaluated the staff here and awarded raises based upon the guidelines that are outlined in the city’s merit plan,” said Allen.

He said there has been talk in the city about a proposed settlement for the wage claims, but that settlement has not yet been agreed to.

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